As it stands, we're not sending them anything. That advisory from them of Saturday, opens up a another can of worms. One of them being that if I sent them the RC2 build, it won't matter because they had already replicated a massive amount of RC1 builds. There were several contractual things that they were supposed to have done and which they hadn't up to that point. And if they agreed to not ship the RC1 builds, unless there was a contract ammendment in place, I could be charged back (quite a bit of money) for that expense. Even if there was a situation where they would send out replacement RC2 discs to everyone who purchase the RC1, someone has to foot the bill for it. Since they did this on their own, thats their expense. And since they've continued to act irresponsibly, they'd have to put in writing that they would foot the bill.

By shipping RC1 without my permission, they violate their licensing rights, my IP, and God only knows how many FTC regulations (think about the condition of the RC1 build and you'll get the picture). Not to mention leaving us open to a class action lawsuit.

Apart from their advisory that they were going ahead with the replication of the RC1, if I don't legally advise them of a breach and let something major like this slide, I sort of indemnify them of any and all claims, making me (the contract is personally guaranteed by me btw, hence the reason they were to send a contractual waiver of compliance) an accessory to their action.

Today, Eric and my attorneys in Canada are going to advise them via paperwork of their breach and my desire to protect my IP from damage and at any/all costs. Obtaining a TRO is not a big deal because my contract shows that I own the IP, that my company, rep, IP etc would be damaged if this RC1 build were to be allowed into the retail channel. With a TRO (which for expediatry reasons has to be taken out in Canada), they can replicate a million units, but will never ship them. And since a TRO requires a hearing in order to either (a) have it removed of (b) have it extended, if successful, the RC1 build will never enter the retail channel until the case is heard. Which could be 3-4 weeks, depending on the Canadian court system.